§ 115 Appeals Board Decision Making

This law says that most decisions by the appeals board need more than half of the members to agree. It also explains how cases are assigned to small groups of members for review.

Key Takeaways

•Most decisions need more than half of the board members to agree.
•Cases are usually given to groups of 3 members to review.
•The groups change for each case so the same people aren't always deciding together.
•If the small group can't agree or the case is special, the whole board might decide instead.

Example

Imagine a group of 5 people deciding if someone should get money after a work injury.

At least 3 of them must agree on the decision. If they can't agree, the case might go to the whole board to make sure the decision is fair and consistent.

Actions of the appeals board shall be taken by decision of a majority of the appeals board except as otherwise expressly provided. The chairman shall assign pending cases in which reconsideration is sought to any three members thereof for hearing, consideration and decision. Assignments by the chairman of members to such cases shall be rotated on a case-by-case basis with the composition of the members so assigned being varied and changed to assure that there shall never be a fixed and continued composition of members. Any such case assigned to any three members in which the finding, order, decision or award is made and filed by any two or more of such members shall be the action of the appeals board unless reconsideration is had in accordance with the provisions of Article 1 (commencing with Section 5900), Chapter 7, Part 4, Division 4 of this code. Any case assigned to three members shall be heard and decided only by them, unless the matter has been reassigned by the chairman on a majority vote of the appeals board to the appeals board as a whole in order to achieve uniformity of decision, or in cases presenting novel issues. (Repealed and added by Stats. 1965, Ch. 1513.)

This law says that most decisions by the appeals board need more than half of the members to agree. It also explains how cases are assigned to small groups of members for review.

Key Takeaways

•Most decisions need more than half of the board members to agree.
•Cases are usually given to groups of 3 members to review.
•The groups change for each case so the same people aren't always deciding together.
•If the small group can't agree or the case is special, the whole board might decide instead.

Example

Imagine a group of 5 people deciding if someone should get money after a work injury.

At least 3 of them must agree on the decision. If they can't agree, the case might go to the whole board to make sure the decision is fair and consistent.

Key Takeaways

Example

Key Terms

References

§ 115 Appeals Board Decision Making

Key Takeaways

Example

Key Terms

References

Key Takeaways

Example

Key Terms

Related Statutes

References

Key Takeaways

Example

Key Terms

Related Statutes

References